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Take Control of the Game
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Contracting and Negotiation Assurance
Our comprehensive Request for Proposal (RFP)i and evaluation process establishes the ideal foundation for contract negotiation and formulation. During the RFP process we ensure that the requested product or service is ‘contractable’ and during the evaluation process we identify key service or product features which must have a strong contractual foundation. If our RFP service has not been used we establish a best practices model of key factors for contracting.
- Establishing a strong negotiating position - By anticipating the contentious contractual issues in the RFP and getting agreement at that stage, the client is placed in a positive negotiating position when it comes to the contracting phase.
- Experienced negotiators - Our team, while not replacing attorneys, have the experience to advise clients on business content issues and protect their interests during the negotiation phase.
- Business objectives - In complex IT implementations the technical solutions are often not adequate in themselves. Many companies only face the problems of not being able to deliver on the business promises after technology implementations have not met expectations or are overcommitted on costs. Often there is no recourse against the vendor in such circumstances, because the vendor delivered the technology as promised. Our approach is to contract in such a way that the vendor shares the risk of achieving the business objectives, thereby ensuring a shared interest in the overall success of the project.
Protecting client-vendor relationships - Our role during contract negotiations includes taking the pressure off the client and allowing the relationship between client and vendor to develop into a partnership. Our impartiality allows us to avoid making concessions for the sake of protecting future relationships and we are careful to build the relationship between client and vendor.
- Setting the project up for success - No matter how hard the contract negotiations may become, both client and vendor share an interest in the success of the project. This is always the central consideration in our approach. Success depends on both parties accepting fair, implementable and measurable terms.
WHO SHOULD USE THE CONTRACTING AND NEGOTIATING SERVICE
Clients who have used our services during the RFP drafting and evaluation process benefit greatly from this service. However we have been engaged after the Tender has been awarded to ensure that business requirements are fulfilled by the contract with the vendor. This service is recommended for complex or expensive implementation projects.
HOW THE CONTRACTING AND NEGOTIATING SERVICE WORKS
The MarketWorks Advisory team will brief the client procurement team and their attorneys on the issues that we believe to be critical or contentious and make suggestions with regard to the negotiations and the clauses of the contract. The RFP is written and structured to ensure client and vendor rights and obligations are clear. This sets the scene for crisp engagment and contracting.
We will then attend the negotiations on invitation from the client and play the roles that are required in order to establish the business principles and obtain agreement.
Should there be any deadlocks, we will advise the client on what we believe the limits of a compromise should be. We will advise the client on implications of terms and possible scenarios that could arise as a result of agreeing to those terms.